The concrete pathways at the corner of University Boulevard and Hackberry Lane in Tuscaloosa, Alabama, may look and quack like sidewalks, but as constitutional matter, the Eleventh Circuit considers them something less: an extension of the University of Alabama campus. In , he received a criminal trespass warning. While the Court observed that Minnesota could constitutionally prohibit political attire, buttons, and other paraphernalia from the interior of a polling place, it found that the law in question failed the reasonableness standard. Used subject to reuse label. The Court observed that other states, including California and Texas, had much clearer laws that narrowed the class of prohibited speech to that which advocates for or against a candidate or ballot measure appearing on the ballot.
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At trial, Packingham filed a motion to dismiss on the grounds that the charge violated his First Amendment free speech rights.
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The law was challenged by a Tea Party group, and was upheld by lower courts. The riddles are intended to attract people to stop by and ask him about them. While neither decision related specifically to local government regulations, both hold some important lessons for local government practice, as we outline below. To do so, he uses a portable sketch board, which is four feet wide and six feet tall, on which he paints riddles.